Let’s talk about two of our favorite topics: money and politics. And the combination of the two, which creates both problems and opportunities for our democracy.
On Saturday I attended an excellent New Yorker Festival panel about politics and money, featuring some impressive speakers:
Jane Mayer (moderator), a longtime staff writer for the New Yorker;
It’s like Formula One. You want to see the car crash. We like to go to Rockefeller Center to watch the ice-skaters fall.
— Carol Barbeiro, a lawyer, on why she went to see Spider-Man: Turn Off the Dark, the ill-fated, accident-prone Broadway musical. (Her boyfriend added: “She wants to see blood.”)
The current New Yorker caption contest is legally-themed and sexually explicit, so it begs for our attention.
The Nine get naughty! We couldn’t get permission to post it here, so you’ll have to click over to the New Yorker to check it out.
We did a little background check on the finalists for the caption contest. We were disappointed to discover that none of them is a lawyer. We were also disappointed by their captions:
“O.K., counsellor, we heard your argument. Now tell us a story.” - Fred Orelove, a non-profit director “Five to four of us would like you to get the lights on your way out.” - Robert Shay, director the University of Missouri’s School of Music “How long have you been standing there?” – Evan Carrison, a Chicago artist
You can vote for one of those, but we’re hoping that someone with a J.D. can come up with something better. We’re holding a caption contest here at ATL. Our first submission comes from Larry Wood, the Chicago lawyer renowned for winning the New Yorker caption contest three times…
The most recent New Yorker features a profile of the newest resident of the High Court, Justice Sonia Sotomayor. Given the tone of the piece, you might think One First Street is turning into Melrose Place. Journalist Lauren Collins describes Sotomayor as “the first celebrity Justice”: a “diabetic, a divorcée, a dental-bill debtor, a person who, the night before her investiture ceremony, belted out “We Are Family” in a karaoke bar at a Red Roof Inn.”
The profile covers some familiar territory, highlighting attacks on Sotomayor’s intellect during the confirmation process and indignation over her aggressive questioning during oral arguments since taking a seat on the High bench.
Overall, though, it’s more favorable in tone than the profile of John Roberts in the magazine last year. As the WSJ Law Blog notes, Sotomayor comes across as “eminently personable” and as a “stickler for preparation.”
Tina Brown of the Daily Beast, a former editor of the New Yorker, is a bit more graphic in her reaction to the piece for NPR:
Brown says the justice comes across as an “up-from-the-bootstraps woman who loves to bust out a poker game and knock back a scotch.” But, Brown adds, she also comes across as meticulous, rigorous and heavily influenced by her mother, a nurse, who emphasized education above all else…
“Sotomayor is not a great prose styler, not a fancy-flourish merchant,” says Brown. “She’s not a person who’s going to reinvent the philosophical approach to law, but she does believe that the law is to be understood by the common man in the street. And I think that there’s a lot to be said for that, actually.”
We concur with Brown’s ruling on the piece. We’ve excerpted our favorite anecdote from the profile after the jump. Clerking for Sotomayor sounds fun….
The current New Yorker has an interesting piece by Jeffrey Toobin on President Obama’s judicial picks. Toobin took part in a live chat about the piece at NewYorker.com right nowearlier todayif you’re interested. (Try not to crash their website.). UPDATE: The chat’s quite interesting. Toobin reveals why he likes Justice Souter best and answers this young wannabe judge’s question:
11:31 Guest: I’m a 25 year old law student, I want to be a judge, and my roommate smokes pot. How worried should I be? Do you think people will still care when I’m older?
11:32 Jeffrey Toobin: Don’t inhale! I’m kidding. I don’t think it will make a bit of difference. Our president has more or less admitted he was a pretty big pothead in his day, and it’s been a non-issue. Certainly the fact that your roommate smokes — not you — is irrelevant.
Toobin’s piece is available online to non-subscribers here. If you don’t feel like clicking through seven pages, here’s the ATL reader’s digest version:
Aging liberal judges hung on through the Bush era, but once a Dem took over, they were ready to hang up their robes. Additionally, since 2006, Senator Patrick Leahy has prevented Bush’s nominees from getting through the Judiciary Committee. Now vacancies abound in the federal judiciary.
Bush kicked ass in choosing judges; Obama is taking his sweet time. In the first eight months of their respective terms, Bush nominated 52 judges while Obama has chosen 17.
Obama says he’s looking for “experiential diversity” in his judicial nominations: “not just judges and prosecutors but public defenders and lawyers in private practice.” But his first batch of nominees are mainly former judges, like SCOTUS justice Sonia Sotomayor and Indianapolis federal district judge David Hamilton, nominated by Obama to the Seventh Circuit.
More bullets, after the jump.
We know many lawyers who agonize over the New Yorker magazine’s weekly caption contest, desperately hoping to come up with a gnomic, witty caption worthy of selection. But we know of only one lawyer who has managed to come up with a winning caption three times. Let us introduce you to Larry Wood, an attorney at the Legal Assistance Foundation of Metropolitan Chicago.
Wood, who also teaches a housing and poverty law class at the University of Chicago, has won the weekly contest more often than anyone else. (A slight technicality: A man by the name of Carl Gable has won three times, but one of those was the New Yorker’s annual contest, which has since been replaced by the weekly contests.)
Out of 38 submissions in the four-year history of the contest, Wood’s made it to the finals three times. That’s mighty impressive, given that he’s competing against at least 5,000 other caption entries each week, reports Steve Johnson of the Chicago Tribune. So how’d he do it? Here’s what he told us on the phone this morning:
Short is better. Incorporate everything that’s in the cartoon. In one cartoon I was working with, there was a dolphin and a panhandler. So I thought of all the cliches I could think of about dolphins and about panhandlers. Dolphins are extremely intelligent, etc. Then I came up with the caption that won. My colleagues thought it was a mean-spirited joke for a poverty lawyer to make.
Maybe lawyers have advantages in the caption contests. As one friend of ours noted in response to Wood’s advice, “incorporating all the elements into your answer is actually a skill lawyers are supposed to use in their bar exam essays (and law school tort exams).”
Check out Wood’s winners, including the controversial caption, after the jump.
Everyone’s a-twitter about Jeffrey Toobin’s profile of Chief Justice John Roberts in this week’s New Yorker. And with good reason. We’re not sure whether the title of the profile, “No More Mr. Nice Guy,” is meant to describe Roberts or Toobin.
We’re sure you’re familiar with Toobin, the ubiquitous legal analyst whose resume includes gigs with CNN and ABC, as well a Harvard Law School degree, a stint as an assistant U.S. attorney, time on the Oliver North trial, a Second Circuit clerkship, and many books, including The Nine: Inside the Secret World of the Supreme Court. And he’s not yet 50 years old (though he’ll be 49 on Thursday, according to Wikipedia).
But back to Roberts. He gets a fairly harsh appraisal in the profile, coming across as a political stooge:
After four years on the Court, however, Roberts’s record is not that of a humble moderate but, rather, that of a doctrinaire conservative. The kind of humility that Roberts favors reflects a view that the Court should almost always defer to the existing power relationships in society. In every major case since he became the nation’s seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff. Even more than Scalia, who has embodied judicial conservatism during a generation of service on the Supreme Court, Roberts has served the interests, and reflected the values, of the contemporary Republican Party.
Toobin does not appear to be a fan of the Roberts Court. More on the elephant in the courtroom, after the jump.
If you’re a judiciary junkie who used to read Underneath Their Robes, the judicial news and gossip site that was our first foray into blogging, you may be mildly amused by this strange piece of spam.
Jeffrey Toobin — legal affairs writer for the New Yorker and author of The Nine: Inside the Secret World of the Supreme Court, one of our favorite books in 2007 — forwarded the rather bizarre email to us yesterday. Check it out, after the jump.
* Donald Trump gives on-the-record comments to a blawg (albeit an MSM-affiliated one). The man is a total media whore. But he’s the little brother of a certain fabulous Third Circuit judge, so we forgive him. [WSJ Law Blog]
(Check out the photos at right. We see a definite family resemblance. Which may or may not be a good thing.)
* Speaking of siblings, our big brother wonders: “Do we smell a Jeff Skilling comeback in the air?” And hits the nail on the head with respect to Malcolm Gladwell, too. [DealBreaker]
* The start of a new year is a perfect time for blogospheric navel-gazing reflections upon the future of law-related blogging. [Opinio Juris via Volokh Conspiracy]
* As well as New Year’s resolutions. [Nasty, Brutish & Short; Jeremy Blachman; Althouse]
* And raucous law blogger parties. Woo-hoo! [Concurring Opinions; PrawfsBlawg]
Here’s another excellent article from Jeffrey Toobin of the New Yorker. It’s about the role played by Sen. Arlen Specter (R-PA), outgoing chair of the Senate Judiciary Committee, with respect to the recent habeas corpus legislation (aka the Military Commissions Act of 2006).
If you’re confused about the controversy over this legislation, which has wound its way through both the federal courts and the Senate chamber, the article is well worth your time. It explains recent developments in this complex area of law with commendable clarity.
And it also contains fun bits of color and gossip. We collect a few highlights, after the jump.
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: asia@kinneyrecruiting.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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